Marks and Spencer loses break lease case

Marks and Spencer have lost a break lease case after The Court of Appeal overruled the High Court decision to allow the retailer to recover around £1.1m in rent and other charges.

The overruling marks a victory for the retailers‘ landlord BNP Paribas Securities Services.

An M&S spokesperson said it was “considering our options.”

Breaking a lease early has proved a complicated issue for both parties with this particular case dragging on for over two years.

“The pendulum has swung back in favour of landlords,” commented Chris Alexander, associate solicitor at SA Law. “Tenants should not now expect to obtain a rebate, unless the case proceeds to the Supreme Court and is overturned again!”